2026:CGHC:11160-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR SHYNA AJAY Digitally signed by SHYNA AJAY DN: cn=SHYNA AJAY, o st = = P C E h R h S a O tt N is A ga L r , h, c=IN WP227 No. 269 of 2026

1 - M/s Manohar Hardware Mart (Formerly Known As M/s Ferumal And Sons), Through Proprietor Manohar Motwani, S/o Late Parmanand Motwani, Presently Aged About 69 Years, Address- Dadabaadi Parisar, M.G. Road, Raipur, Tehsil And District Raipur C.G.

2 - Manohar Motwani S/o Late Parmanand Motwani, Aged About 69 Years, Address- Dadabaadi Parisar, M.G. Road, Raipur, Tehsil And District Raipur C.G. (Non-Applicants)

... Petitioner(s)

versus Shri Rishabh Dev Mandir Trust Through Acting President and Trustee Shri Abhay Bhansali, Address- Rishabh Dev Jain Mandir, Sadar Bazar, Raipur, Tehsil And District Raipur C.G. (Applicant)

... Respondent(s)

(Cause Title downloaded from CIS Periphery)

For Petitioner(s) : Mr. Amit Soni, Advocate For Respondent(s) : None DB: Hon’ble Mr. Justice Sanjay S. Agrawal &

Hon’ble Mr. Justice Amitendra Kishore Prasad

Order on Board

09 /0 3 /2026 Amitendra Kishore Prasad, J.

1. By way of the instant petition, the petitioners assail the impugned order dated 25.4.2024 (Annexure P/1) passed by the Rent Controlling Authority, Raipur as also the consequential impugned appellate order dated 15.1.2026 (Annexure P/2) passed by the Chhattisgarh Rent Control Tribunal, Raipur.

2. The petitioners have prayed for the following reliefs in the petition:

“10.1 This Hon'ble Court may kindly be pleased to quash and the impugned order dated 15/1/26 (Annexure P-2) and remand the case for adjudication on merits by giving opportunity to petitioners to file return and led their defense in the interest of justice and for the proper adjudication of the case.

10.2) This Hon'ble Court may kindly be pleased to call for the entire records of the court below, for kind perusal of this Hon'ble Court.

10.3) This Hon'ble Court may also be pleased to grant the cost of the petition to the petitioners.

10.4) Any other relief which this Hon’ble Court deem fit and proper may also kindly be granted to the petitioners in the interest of justice.

3. Facts, briefly stated, are that the respondent/landlord filed a suit for eviction and recovery of arrears of rent asserting, inter alia, that the Trust is the owner of the disputed land situated in Dadabadhi and Mahavir Bhawan. The respondent averred in the subject application that the Trust owns several shops and godowns on the said land. Among the tenants are the petitioners, who were inducted into one of the shops at a monthly rent of Rs.1035/-. It was further averred that the petitioners failed to pay the rent since 1.1.2021 and as per the provisions contained under Section 12 (2) read with Serial No 1 (a) & (b) of Schedule 2 of the Chhattisgarh Rent Control Act, 2011 (in short “the Act, 2011”), they are liable for eviction. Pursuant to the provisions of the Act, 2011, the respondent sent a legal notice to the petitioners on 27.12.2019, seeking vacation of the rented premises. The notice was issued on the ground that the respondent requires the shop and surrounding area for renovation, as the existing structure is in a dilapidated condition. However, despite the receipt of the legal notice, the petitioners did not vacate the rented premises. This compelled the respondent to file an application before the Rent Controlling Authority (in short ‘the RCA”) for eviction of the petitioners and recovery of arrears of rent. In the said case, notice was issued and the petitioners appeared through counsel. However, the petitioners’ counsel subsequently ceased to appear for reasons unknown. Thereafter, by order dated 25.4.2024, the RCA allowed the application, observing that although the notice to vacate was issued on 27.12.2019, the petitioners had not vacated the premises even after expiry of the six-month period. While the RCA held that there was no default in the payment of rent, it nonetheless passed an order of eviction. Aggrieve